Do-not-call rules

Treat each B2B cold call as a check of the number and method before making a prospecting decision. Treat the call according to its number: courts presume a mixed-use number on the National Do Not Call Registry is residential, even when the call intent is purely B2B.¹ The TCPA depends on how you make the call and the type of number you dial, while certain DNC provisions apply only to residential numbers.^{2, 3} Start with the number, then check the purpose, permission, method, and suppression status.

Run the check before dialing

Check these items in order and leave a record at each stop. This keeps a clean account record from hiding a risky phone number.

1. Classify the number.

Ask whether the number is residential, wireless, business, or mixed use, then record the type and DNC result. Review a wireless number separately because the TCPA applies to all wireless numbers, while its rules do not apply equally across them.⁴ Continue once the number type and registry status are clear.

2. Classify the purpose.

Write down what the call is meant to do. A telephone solicitation is the initiation of a call or message sent to any person to encourage the purchase, rental, or investment in property, goods, or services.⁵ Use that test for a B2B call that creates demand for an offering. Continue when another person could understand why the call is being made.

3. Find the permission or relationship basis.

Record why an exception might apply. A call that otherwise fits the definition of a telephone solicitation is not considered one when the called party gave prior express invitation or permission, an established business relationship exists, or the caller has a personal relationship with the called party.⁶ Record the basis and its support, and continue only when the record ties it to the number.

4. Identify the calling method and channel.

Separate live calls, texts, automated dialing, prerecorded messages, and generated voice. Text messages are treated as calls for this purpose.⁷ Robocalls are calls made with an automatic dialing system or artificial or prerecorded voice messages.⁸ Robocalls are generally prohibited under the TCPA without prior express consent.⁹ The TCPA also requires prior express consent before an automated system makes telemarketing calls or texts.¹⁰

The FCC has confirmed that voice cloning and similar technology can fall within the definition of an artificial or prerecorded voice.¹¹ It explains that the voice is artificial because no person is speaking.¹² If the method is automated or uses generated voice, hold the release until the consent record is clear.

5. Run the suppression check.

Check the National Do Not Call Registry and your internal suppression list before the number enters the calling queue. The Registry is nationwide and applies to all telemarketers, although certain organizations such as nonprofits are exempt.¹³ Numbers remain on the national list unless the consumer removes the number or discontinues service.¹⁴

A safe harbor can protect a genuinely inadvertent miss only when the organization has documented procedures, training, an internal suppression list, and registry access every 31 days.¹⁵ Keep those controls with the campaign record. Release the number when the result and the reason for calling are both clear.

Run a separate compliance pass

The DNC screen covers one part of the call review. Run a separate pass for the rules that govern what happens during the call and how the organization handles the interaction.

The Telemarketing Sales Rule guide describes which organizations and activities are subject to the rule and how to comply.¹⁶ It requires specific disclosures,¹⁷ limits when telemarketers may call consumers,¹⁸ requires transmission of Caller ID information,¹⁹ prohibits abandoned outbound calls subject to a safe harbor,²⁰ and prohibits unauthorized billing.²¹ The rule also applies to all upsells, including upsells during unsolicited calls from consumers.²²

Make each item a release check. A number can clear the DNC screen and still need review of the call's disclosures, timing, Caller ID, abandonment, billing, or upsell treatment.

Use the exception record to decide

Establish any exception from the record before dialing. When the number is residential and registered, a vague note about a relationship is too weak to support the decision.

FCC regulations implementing the TCPA prohibit telephone solicitations to residential subscribers whose numbers are registered on the DNC.²³ Keep the number classification, DNC result, permission or relationship basis, and calling method together so another reviewer can follow the decision.

In Waston v. Manhattan Luxury Autos., Inc., the defendant was accused of making telephone solicitations to people registered on the DNC in violation of the TCPA.²⁴ The defendant argued that an exception applied.²⁵ The court left that issue for the jury.²⁶ Treat the exception record as part of the call decision, not as paperwork to reconstruct after a complaint.

What not to do

Many B2B marketers assume

Treating a purchased internet

Review each wireless number

A safe harbor requires

• Many B2B marketers assume
• Treating a purchased internet
• Review each wireless number
• A safe harbor requires

Check for these mistakes before release, especially when a campaign owner wants to move quickly.

• Many B2B marketers assume telemarketing rules do not apply to them.²⁷ B2B calls are subject to compliance scrutiny and often appear in court.²⁸
• Treating a purchased internet lead as an established business relationship without checking the basis leaves the DNC requirement unresolved. Callers still need an established business relationship or prior express invitation or permission.²⁹
• Review each wireless number on its own terms because TCPA rules do not apply equally across wireless numbers.⁴
• A safe harbor requires documented procedures, training, an internal suppression list, and 31-day registry access.¹⁵

Send any unresolved number to legal review before dialing.